Terms of Use
Xlocat OÜ. Effective as of 22.03.2025. Registry code 16848494.
1. General provisions
1.1. These Xlocat terms of use (hereinafter referred to as the “Terms of Use”) govern the legal relationships between the users (hereinafter referred to separately as the “User” and collectively as “Users”) registered on the website http://xlocat.com and in the Xlocat application (hereinafter referred to as the “App”) and Xlocat OÜ (hereinafter also referred to as “Xlocat”) arising from the use of the App and the terms of use of the App, including the rights and obligations of the User in connection with the use of the App. These rights and obligations include, but are not limited to, the rules applicable to the relationship between Users and the User’s relationship with Xlocat.
1.2. The Terms of Use apply to the extent that does not conflict with any specific contracts made between Xlocat and the User or Users.
1.3. Xlocat reserves the right to unilaterally modify and amend the Terms of Use at any time. Xlocat informs the Users of amendments to the Terms of Use on the website http://xlocat.com and in the App at least one month before the amendments enter into force, unless the Terms of Use are only amended on the basis of changes made to legislation.
1.4. The Terms of Use apply from the date of their publication on the website http://xlocat.com and in the App to all Users, including both existing and new Users.
1.5. The User agrees to the Terms of Use when creating a user account (hereinafter referred to as the User Account) on the website http://xlocat.com or in the App.
1.6. In matters not covered by the Terms of Use, legislation in the Republic of Estonia applies to the use of the App. If any provision of the Terms of Use is found to be invalid due to a conflict of law, the validity of the remaining provisions shall not be affected.
1.7. By using the App, the User acknowledges that they have read and understood the Terms of Use and agree to comply with them.
1.8. Xlocat allows registered Users of the App to use the App for its intended purposes, in particular to subscribe to and provide services for filming videos (with audio) and taking pictures (transactions between Users).
1.9. All costs and fees associated with the use of the App shall be borne by the User in accordance with the App’s price list and Xlocat will automatically (without further instruction from the User) debit the costs and fees from the User’s User Account through which Xlocat is entitled to claim reimbursement or payment of a fee in connection with the transaction.
1.10. Notices sent to the User through the User Account mailbox and the App shall be deemed to have been received 24 hours after sending, including by the Users associated with the respective User Account.
1.11. The parties seek to resolve any disagreements and disputes arising from the performance of the Terms of Use by way of negotiations. Xlocat may establish procedures for the out-of-court settlement of disputes. If resolving disagreements by way of negotiations is not possible, the dispute will be settled in the court of the Republic of Estonia. If the User is a legal entity or a natural person operating in their economic or professional activities or a person who has settled in a foreign state after they started to use the App or whose place of business, residence or seat is not known at the time the action is filed, Harju County Court is the court with the competency to resolve the disputes.
1.12. The information published in the App is protected by copyright. The use of any material published by Xlocat, in whole or in part, is not permitted without the consent of Xlocat. Consent can be requested by writing to Xlocat at the following e-mail address: info@xlocat.com.
1.13. All intellectual property rights in the App are owned by Xlocat, unless it refers to the rights of another person or is information entered by the Users of the App.
1.14. The User is only permitted to publish information in the App for which they have intellectual property rights. The User is fully responsible for the information they have published in the App and must compensate Xlocat for any and all expenses and damage (including indirect damage), which is related to the use of material disclosed by the User in the App without authorisation or in any other manner that violates the rights arising from intellectual property.
1.15. Upon the publication of any information in the App by the User, the User grants their unconditional and free of charge consent to the retention, distribution and publication of such information by Xlocat in accordance with the Terms of Use, and to the modification or other processing of such information to the extent necessary for the intended use of the App. This clause does not apply to live streams and their recordings. Each live stream is shown only to the User who ordered it (1-to-1), and group streams are not provided. Xlocat does not store streams and has no access to recordings. If a stream is recorded, the recording is saved with a third-party service for 14 days. During this time only the ordering User and the filming User can download it, if both agree. After 14 days the recording is deleted.
2. Using the App
2.1. The App can be downloaded from the AppStore and Google Play Store.
2.2. The use of the App is subject to a non-exclusive license granted by Xlocat to the User. The non-exclusive license is free of charge and valid from the moment the App is downloaded to a smart device until it is uninstalled.
2.3. A functioning mobile data communications network is a prerequisite for using the App.
2.4. In order to use the App, a person must download the App to their smart device and register a User Account in their name. Only natural persons can register a user account in their own name. The person requesting the registration of a User Account must submit to Xlocat all of the information requested by Xlocat. Xlocat has the right to unilaterally refuse to open a User Account.
2.5. When registering a User Account, the person enters their contact details and other data referred to by Xlocat in the corresponding environment of the App and chooses a unique username and password. Upon the registration of a User Account, Xlocat may require the User to identify himself/herself through a means of identification acceptable to Xlocat, e.g. fingerprint, facial recognition, two-factor authentication, etc.
2.6. The User must enter their username and password in order to log in the App. In order to use the App, Xlocat can demand identification of the User by a means of identification acceptable to Xlocat, e.g. fingerprint, facial recognition, two-factor authentication, etc.
2.7. In order to request and provide filming and photo services, the User enters their account number in the Stripe payment environment and other data specified by Xlocat in the App.
2.8. In order to provide services for filming videos and taking photos, the User provides access to the following applications on their smart device: access to the picture and video gallery on the smart device, access to the microphone, access to the option to take photos and make videos, geolocation.
2.9. Xlocat may conduct background checks on the User to the extent Xlocat deems necessary. The User must provide Xlocat with all information that Xlocat requests. Xlocat has the right to unilaterally refuse to open a User Account.
2.10. The User in whose name the User Account is registered is responsible for the rights and obligations associated with the User Account. Among other things, the User is a party to the User Account in transactions between Users made through the User Account. Transactions between Users through the App are subject to the terms and conditions of the relevant transaction, which the User undertakes to accept when requesting and providing the services of filming videos and taking photos.
2.11. The User can make declarations of intent through the App, including make offers for transactions through the App and conclude transactions, only if the User’s Stripe payment system account has an unreserved positive balance to the extent necessary for the execution of the transaction through the App at the time the transaction is concluded (i.e. an amount sufficient to fulfil the User’s obligations to the counterparty of the transaction and Xlocat related to the respective transaction). Xlocat may, at its sole discretion, set limits or additional requirements on the minimum or maximum amount of available funds in the User’s Stripe payment system account.
2.12. If the User wants to change the User’s Stripe payment system account number previously provided to Xlocat, the User performs the necessary operations in Stripe.
2.13. All financial obligations arising from transactions made through the App and under the Terms of Use will be settled through Stripe, unless otherwise provided in the Terms of Use. It is not possible to perform any other financial obligation or make payments through Xlocat.
2.14. If the User’s Stripe payment system account does not have sufficient funds to cover several obligations that have become due at the same time, the payments to cover the obligations that have become due at the same time will be made in proportion to the size of the obligation.
3. Rights and obligations of User
3.1. In addition to the other rights set forth in the Terms of Use, the User has the right to:
3.1.1. log in to enter the App, the security of which is ensured by Xlocat by the application of measures deemed necessary at the discretion of Xlocat;
3.1.2. use the options offered by the App, provided that the User meets the requirements for using the particular option;
3.1.3. review the data of the User stored by Xlocat in the App, change them and demand termination of personal data processing in accordance with the Xlocat Privacy Policy and Personal Data Processing Policy;
3.1.4. provide feedback on the services provided in the App and respond to surveys carried out by Xlocat, including an assessment of the quality of the services.
3.2. In addition to other obligations set out in the Terms of Use, the User must:
3.2.1. not use the App for any unlawful transactions or activities, including fraud, money laundering or otherwise, and conduct themselves in a polite and respectful manner in communication with other Users and Xlocat;
3.2.2. use the App in general-purpose web browsers and not with programmes that send automatic requests to the App for any purpose. Among other things, it is prohibited to use robots, spiders, scrapers and other automatic data input and processing equipment. The User is prohibited from engaging in any activities that interfere with or hinder the intended use of the App by Xlocat or other Users, including refraining from overloading the computer network and servers related to the App;
3.2.3. submit only truthful data and information when registering for a User Account and using the App. If the User publishes any data or information when using the data without verifying or being convinced that they are true, the User must note this when publishing the data or information. The User is liable to Xlocat and other Users for any damage caused by the breach of the obligation set out in this clause, in particular if Xlocat or another User has made a declaration of intent or made a transaction, assuming that such false information is correct. Xlocat does not verify whether the information submitted by the Users is true and is not responsible in any way for the data provided by the User being correct and true;
3.2.4. keep the data and tools necessary to log in to the User Account in the App in a manner that does not allow third parties to gain possession of them. However, if a third party logs into the App through the User’s User Account, all the provisions of the Terms of Use shall apply to that third party;
3.2.5. immediately notify Xlocat if the details and tools that make it possible to log into the User’s User Account are given to a third party or fall into the possession of third parties and the risk of unauthorised use of the User Account that may be associated with this;
3.2.6. notify Xlocat of any changes to the details provided when the User Account was opened as soon as possible. Until the time when Xlocat is notified of a change in the details, Xlocat will consider the details provided by the User at the time of opening the User Account to be valid details;
3.2.7. pay fees to Xlocat for the use of the App in accordance with the price list established by Xlocat in force at the time of the relevant transaction;
3.2.8. when providing video filming and photo taking services, the rules of video filming and photo taking and personal data protection must be taken into account.
4. Liability of Xlocat and User
4.1. Although Xlocat makes every effort to ensure that the information in the App is true and reliable, Xlocat cannot be held liable for breaches related to the disclosure of untrue or misleading information in the App or breaches that have been or are being committed in the App or their consequences, of which it is not aware or in respect of which it has taken measures for the correction of the information, termination of the breach or elimination of the consequences.
4.2. Xlocat will also not assume any liability for the correctness of the information received from third parties if Xlocat forwards or discloses it in the App in the same form in which it was sent or made accessible to Xlocat. If the User becomes aware of any inaccuracies in the information contained in the App, they must notify Xlocat as soon as possible.
4.3. Xlocat cannot be held liable for any information, opinions or any other content published on third party websites, which have been directly or indirectly referred or linked to in the App.
4.4. Xlocat cannot be held liable to other Users or third parties if the User breaches any obligation set out in the Terms of Use, in any other agreement entered into with Xlocat, in any legislation or in any transaction made between the Users. Xlocat is only liable for obligations arising from a transaction made through the App if it is a party to that particular transaction.
4.5. If the User causes any damage to Xlocat by breaching any of its obligations, the User must compensate Xlocat for such damage in full upon the first request.
4.6. Xlocat cannot be held liable for the damage caused to the User or third parties in relation to Xlocat using its legal remedies (e.g. removed information from the App or obstructed access to such information, restricted the rights of the User or obstructed access to their User Account or the App) if this is necessary because of a complaint filed about the User’s breach, Xlocat suspects that the User has committed a breach or unjustified use of the User Account or directly because the information or the conduct of the User are in conflict with the Terms of Use or legislation. In this case, Xlocat will not be liable for the damage caused, even if the complaint or suspicion was unfounded or if it later turns out that there was no breach.
4.7. Xlocat cannot be held liable for any temporary interruption of access to the App.
4.8. Xlocat is only liable for the direct material damage caused to the User by a material wrongful breach of its obligation. Any other damage or loss of profit is not subject to compensation to the User. Xlocat cannot be held liable if the breach of the obligation is caused by a service provider or other third party used by Xlocat.
4.9. Xlocat is not responsible for the resolution of disputes between Users arising from the use of the App but reserves the right to intervene in such disputes at its discretion, if necessary, to restrict or cancel the User’s right to use the App and to close the User Account.
4.10. The User is liable for the non-performance or improper performance of the obligations arising from a transaction made by the User.
4.11. When providing video filming and photo taking services, the User himself/herself is responsible for compliance with the rules of video filming and photo taking and personal data protection.
4.12. The User is responsible for paying any taxes, including income tax, VAT and other taxes, that may result from the transaction they make. Xlocat does not collect the User’s taxes or pay them on the User’s behalf.
4.13. Xlocat advises the User to consult the tax authorities of the country of residence of the User with regard to the emergence, imposition and payment of any taxes, including income tax, VAT and other taxes, which may result from the transaction made by the User.
5. Termination of use of App
5.1. The User Account in the App is indefinite.
5.2. The User has the right to terminate the use of the App at any time without notice by deleting the App from the User’s smart device.
5.3. Xlocat reserves the right to restrict or revoke the User’s right to use the App and to close the User Account at any time without notice if it appears that:
5.3.1. the User breaches or has breached the Terms of Use or the User’s other obligations;
5.3.2. the User does not accept the new Terms of Use at the first login to the App after the new Terms of Use are made available in the App;
5.3.3. the User has given false, misleading and/or inaccurate details and/or information to Xlocat or other Users;
5.3.4. when using the App, the User acts in bad faith, in an undignified or unlawful manner or disregards the moral standards generally accepted in society;
5.3.5. Xlocat has become aware of circumstances that may give rise to a suspicion that the data and resources that enable the User to log into the User Account and use the App have fallen into the possession of a third party and that the User Account may be used by an unauthorised person.
5.4. Xlocat reserves the right to close the App at any time without notice.
5.5. When the App is closed or when the User can no longer use the App:
5.5.1. the transactions made through the App will remain valid under the terms and conditions set out therein;
5.5.2. the settlements resulting from transactions between the User and other Users will be made through the current accounts of the User and other Users on the basis of payment orders issued by those Users. Xlocat cannot be held liable for any payments made or received by the User after the termination of the right to use the App. Xlocat will notify the Users who have valid transactions made through the App with the User who no longer has the right to use the App of the expiry of the relevant User’s right to use the App.